It is a sad reality that some relationships do not last forever. The latest statistics show that four out of every ten marriages end in divorce before their tenth anniversary. The trend in the last decade has shown a steady increase in the divorce rate in South Africans.
When thinking about getting divorced, some of the common worries include whether it will be a straightforward process and how much the divorce will cost.
This answer very much depends on whether the divorce proceedings are contested or uncontested.
Uncontested (Unopposed) Divorce
An uncontested or undefended divorce can be done within a relatively short time frame and without breaking the bank. These type of divorces can be done at Naude Attorneys by completing an online questionnaire which will automatically generate a settlement agreement. If both parties agree to the terms of the settlement agreement, a divorce order governing the terms of your separation will be sought from the relevant Court. This process takes between 3 to 6 months depending on the availability of a Court date and a reasonable price for such services being in the range of R 8 000.00 to R 12 000.00.
The terms of the settlement agreement can be fine-tuned with the guidance of an attorney. Normally most Attorneys charge a set fee for the entire process, we would consequently urge you to shop-around.
Contested (Defended) Divorce
The minority of divorces proceed on a contested basis. These proceedings are normally very costly and could last for years before a final divorce order is made by a Court.
The prolonged litigation process usually takes a toll on the parties and when asked after the process whether it was all worthwhile the answer is always...NO!!
However, the situation does arise when parties cannot agree on the terms of the separation and in these cases, a Court will be requested to make a finding. Contested divorces are normally subject to many ancillary applications like Rule 43 applications.
If you require more details on divorce proceedings, please feel free to contact Xander Naudé, from Naude Attorneys and he will assist you with the necessary information - email: xander@naudeattorneys.com
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